By Wael B. Hallaq
Wael B. Hallaq is already tested as some of the most eminent students within the box of Islamic legislation. In his most up-to-date e-book, he lines the historical past of Islamic felony concept from its beginnings till the trendy interval. The ebook is the 1st of its style in association, method of the topic, and demanding equipment, and as such could be an important instrument for the certainty of Islamic criminal idea specifically and Islamic legislation typically. Its accessibility of language and elegance promises it a readership between scholars and students, in addition to someone attracted to Islam and its evolution.
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Extra info for A History of Islamic Legal Theories: An Introduction to Sunnī uṣūl al-fiqh
To put it differently, it is transmitted from a few by a few, and these are the specialists. , 237-44. , 154 ft On this and other related issues, see Norman Calder, "IkhtiltfwA Ijmj'in ShâfiTs R isiia'' StoutiaIslamica, 58 (1984): 57 ff. Theformativeperiod co 27 varying interpretations and derived by means of qiyas, can yield only prob ability. In contradistinction to the first type of knowledge whose apprehension and performance is incumbent upon all Muslims, the second type entails duties for only a few.
But before subjecting the relevant text to his reasoning, the jurist was assumed to know the law upon which a consensus (tjma ) had been reached, since such law constituted a binding corpusjuris on the basis of which solutions for new cases of law were derived. Thus, in order to determine what law was subject to consensus he was required to know what were the conditions that rendered a consensus valid and, consequendy, binding. It is this structural order that dominated all theoretical exposition, E P IST E M O L O G Y One of the most salient features of legal theory is the epistemological dis tinctions that permeated nearly all its elements.
If the new case has the same ratio kgis (mantr, lit. meaning) as that given to the parallel textual case, the ruling in the text must be transferred to the new case. But such a ratio kgts is not always capable of identification, in which event the jurist must locate all cases in the texts that resemble the new case, and must transfer the ruling of the most similar case to the new case at hand. These two methods, one based on a ratio leğs, the other on a similitude, are, together with the a fortiori argument, the exclusive constituents of ijtihâd (—qiyds).
A History of Islamic Legal Theories: An Introduction to Sunnī uṣūl al-fiqh by Wael B. Hallaq